Capquest Summons court claim received - SUCCESS !

[mystery1]

Re: Capquest Summons received

ok that all makes sense and thank you once again. If I did not do this would the court award judgement is this wha cq are hoping for. Based on my telephone conversations and the letters they wrote I would of done nothing. Just for the interest what would happen if I took there word and did nothing?

Wally

I'd say you are correct primarily because i've never seen a claimant dig in so hard before. Usually they'll extend in these circumstances. I'm guessing they might have issues with the paperwork.

The date I have to file a defence is the 2nd November Have I run out of time

Wally

No but you better hurry up. The court should not entertain a default judgement whilst your application is being processed. Having said that once you have done the application i'd contact the court and ask if they've got it, although they are usually slow so probably they'll say no, and if not put a note on the case file.

It is a little risky to not enter a defence but you should be able to get it set aside if it slips through the net.


The other option is to enter a defence which totally negates the 31.14 request. There would be no point making an application as the court will say you understand the claim if you can defend. You do have non compliance with s78 if you chose this route.

I'd go with the application personally but it's your case and your choice.

M1

[Wally]

Re: Capquest Summons received

Hi


How should I answer these questions n244 form
Give details of any fixed trial date or period


What level of Judge does your hearing need?


10. What information will you be relying on, in support of your application?


the attached witness statement


the statement of case


the evidence set out in the box below




Witness Statement


I will remove number 3 as this is not relevant is this correct




5. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.


Capquest have answered my request by saying they have breached how should I best word this instead

Wally

[mystery1]

Re: Capquest Summons received

Hi


How should I answer these questions n244 form
Give details of any fixed trial date or period None


What level of Judge does your hearing need? District Judge


10. What information will you be relying on, in support of your application?


the attached witness statement


the statement of case


the evidence set out in the box below Exhibit 1, 2,3 etc which would be letters emails transcripts of calls etc that you have whereby you tried to assert your rights under 31.14 and 31.15



Witness Statement


I will remove number 3 as this is not relevant is this correct




5. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.


Capquest have answered my request by saying they have breached how should I best word this instead

Wally

For the witness statement you need to tell the story of what happened.

https://www.barstandardsboard.org.uk...l-proceedings/

http://www.ipo.gov.uk/hearings-ch3annex1.pdf

So for you as example

You'd introduce yourself and tell the court your address. No need for work details.

Then you'd tell the story.

3. I received a claim from x on xxxx
4. The claim form, exhibit 1, mentioned Account, assignment etc
5. I sent the claimant a letter under cpr 31.14, exhibit 2 on xxxxx
6. On xxx i had had no reply so i telephoned x an outline of the call that i sent to the claimant on xxx, exhibit 3
etc etc

Essentially you list what you did to get them to comply.

Also include http://www.legalbeagles.info/forums/...228#post276228 that as it lets the court know they are bound by the court of appeal.

M1

[mystery1]

Re: Capquest Summons received

Of course you need to put all their replies in as well.

You could make the paperwork up and ask them to consent to the order to save on time and money but as you only have 7 days by my reckoning that doesn't allow you much time.

I wouldn't enter a defence if using this route as it'll negate your application. There should be no default judgement awarded whilst your application is considered by the court and the claimant has also indicated they will not apply for one either for all that is worth.

M1

[Wally]

Re: Capquest Summons received

Many thanks for the super fast information -

2nd November is the extension date. I paid the £80 by Card to the courts a few days ago but with our power problems we had at work being down I have only today been able deal with.

Realistically I will not be able to send this to the court until Monday which will meen they will get it recorded on Tuesday 5th November. Will this be OK?

Many thanks

Wally

[Wally]

Re: Capquest Summons received

This may be a daft question but should I bind it up into a booklet so its presented well?

Wally

[mystery1]

Re: Capquest Summons received

I wouldn't promise you the 5th would be ok. It will be as long as they don't apply for default judgement as far as i am aware. Special delivery in those circumstances. Phone the court as you might be able to email it. I'm not 100% on that but they are trying to encourage electronic communications. Fax is also an avenue to explore.

Binding it up is ott but won't do any harm.

It is far from ideal to run beyond time for filing a defence.

M1

[Wally]

Re: Capquest Summons received

Hi

Spoke with Court and they said they would mark the file to say something is on its way. They have a back log.

They do accept email and fax.

Copies of the items that Capquest have supplied such as the assignment letter I would simply remove from the draft order of directions as an item now not required and received. Hope thats makes sense.

Also the dates on the letters that I got from them do not match the franking enevelopes. The letters seem back dated - Should I mention this

Do I mention about the solictor being ill and that I emailed all parties or do I hold off.

Wally

[mystery1]

Re: Capquest Summons received

Also the dates on the letters that I got from them do not match the franking enevelopes. The letters seem back dated - Should I mention this

Only if it becomes necessary. Most likely not unless it's about claimant behaviour and that's mainly at costs stage after any trial.

Do I mention about the solictor being ill and that I emailed all parties or do I hold off.

Again if required only. Don't want to "blizzard" the court to the point they just want rid of you.

M1

[Wally]

Re: Capquest Summons received

Update - A district Judge has made an order that cp have until the 6th to provide documents or its going to be struck out of court on a given date soon. It also has extened my defense until the end of December.

[mystery1]

Re: Capquest Summons received

Update - A district Judge has made an order that cp have until the 6th to provide documents or its going to be struck out of court on a given date soon. It also has extened my defense until the end of December.

Lovely.

Did you go to court ?

M1

[Wally]

Re: Capquest Summons received

Strangly no - it was transfered to the local court and they decided to make the order. Is that normal? I take it I just wait

[mystery1]

Re: Capquest Summons received

Strangly no - it was transfered to the local court and they decided to make the order. Is that normal? I take it I just wait

You must have got a Judge with a clue

How much did you pay for the application fee ?

Yes just wait on either the disclosure or the expiry of the deadline.

M1

[Wally]

Re: Capquest Summons received

I paid the £80

[mystery1]

Re: Capquest Summons received

I paid the £80

Just checking you hadn't paid for no hearing. It certainly appears a Judge has reviewed it and made the order of it's own accord.

Does the order make an award of costs to you ?

Hopefully they fail to disclose and you claim costs for defending the claim outwith the application.

M1